Dear Attorney,

I am a newly practicing lawyer seeking guidance on a situation that has caused harm to my reputation. A police officer, along with her mother, induced another individual to send me a defamatory text message saying, "Atty abnoy, madaming lalake." I believe this was done to create chaos and damage my reputation. My question is two-fold: can I file a case of slander or is this limited to unjust vexation? Moreover, can I file a separate administrative case against the police officer, considering her role in inducing the defamatory act alongside her mother?

Thank you in advance for your advice.

Insights

In cases involving defamation or reputational harm, the applicable law is the Revised Penal Code of the Philippines, particularly on libel, oral defamation (slander), and unjust vexation.

First, let’s distinguish between the two possible criminal charges:

Slander (Oral Defamation): Under Article 358 of the Revised Penal Code, slander occurs when someone orally imputes to another person an act, condition, or circumstance that is offensive and injurious to their reputation. Since the defamation here was made through a text message, which is written, this would be considered under libel (Article 353) rather than slander, as libel covers defamatory acts made through writing, printing, or similar means.
Unjust Vexation: Article 287 of the Revised Penal Code penalizes acts that cause annoyance, irritation, or disturbance to another person without necessarily being defamatory. If the malicious act does not rise to the level of damaging your reputation but still causes disturbance, unjust vexation might apply. However, based on your description, the text message appears to directly attack your character and professionalism, which is more aligned with defamation.

Given that the content of the message is defamatory and was sent with the intent to tarnish your reputation as a lawyer, a libel case would likely be more appropriate than unjust vexation. Libel can be pursued since the text message could be considered malicious and injurious to your reputation.

Regarding the administrative case against the police officer, you may have grounds to file a separate administrative complaint based on her involvement in the act, especially given that she holds a position of authority. The officer’s role as an inducer, in collaboration with her mother, could be considered indispensable cooperation, as provided under Article 17 of the Revised Penal Code. As a public officer, she is also bound by the standards of ethical conduct in the performance of her duties. The Philippine National Police (PNP) Ethical Doctrine Manual outlines the moral obligations of police officers, and inducing someone to commit defamation may violate these standards, warranting an administrative complaint before the PNP’s Internal Affairs Service (IAS) or the Office of the Ombudsman.

In summary:

You can pursue a criminal case for libel based on the defamatory content of the text message.
You may file a separate administrative complaint against the police officer for her participation in inducing the defamatory act, as this could constitute a violation of her ethical duties.

Be sure to gather all necessary evidence, including the defamatory text messages and any proof of inducement, to strengthen your case.